Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:13274
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1655 of 2025 1 - Gautam Rathia S/o Shyam Kumar Rathia Aged About 20 Years R/o Village - Rabo, Tahsil- Tamnar, Police Station- Punjipathra District- Raigarh (C.G.)
... Applicant versus 1 - State Of Chhattisgarh Through- The Station House Officer, Police Station Punjipathra, District- Raigarh (C.G.)
... Non-Applicant For Applicant : Shri Punit Ruparel, Advocate. For Non-Applicant : Shri Dilman Rati Minj, Govt. Advocate. Hon'ble Shri
Deepak Kumar Tiwari, J
Order On Board 20/03/2025:
1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.5/2023 registered at Police Station Punjipathra, District Raigarh for offence under Sections 363, 366 & 376 of the IPC & Sections 4 & 6 of the Protection of Children from Sexual Offences Act, 2012. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2025.03.20 15:39:53 +0530
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2. This is the 2nd bail application on behalf of the applicant. The earlier bail application has been rejected on merits vide order dated 7.8.2023 passed in MCRC No.3090/2023. 3. The prosecutrix along with her father appears before this Court through VC from DLSA, Raigarh and opposes the bail application. 4. Allegation against the present applicant is that he sexually exploited the minor prosecutrix. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. Statement of the prosecutrix has been recorded. He further submits that after abducting the prosecutrix from her house, the applicant has performed marriage with her and now she has attained majority. The prosecutrix is under pressure of her parents, as both of them had love relations. The applicant is in jail since 26.2.2023 and he is a young boy aged about 20 years. Considering this backdrop, he may be released on bail. 6. On the other hand, learned State Counsel would oppose the bail application. 7. Considering the aforesaid submissions as also the statement of the prosecutrix wherein she has categorically admitted that she likes the applicant and both of them have married in a temple, further considering the length of pre-trial detention and the fact that conclusion of trial is likely to take considerable time and without further commenting anything on merits of the case, this Court is inclined to release the applicant on bail. 3
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Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Deepak Kumar Tiwari) Judge Barve